Beant Singh And Others v. State Of Punjab And Others

CRM-M-24209-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-24209 of 2018 (O&M) Date of decision: October 25, 2018 Beant Singh and others .. Petitioners

Versus

State of Punjab and others .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. N.S.Dandiwal, Advocate for the petitioners.

Mr. Karanbir Singh, A.A.G., Punjab.

Mr. Uday Jain, Advocate for Mr. A.S.Sidhu, Advocate for respondents No. 2 and 3.

SURINDER GUPTA, J.(Oral) The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.47 dated 12.03.2018 (Annexure P-1), registered for offences punishable under Sections 365 of Indian Penal Code (for short 'IPC') at Police Station City Moga, District Moga along with all consequential proceedings arising therefrom, on the basis of the compromise (Annexure P-2).

As per case of the prosecution, nephew of complainant was employed with petitioners, who were engaged in business of travel agent and having some dispute with his nephew over the payments by their client to him for getting their visa. On 12.03.2018, his nephew was picked up by petitioners from Dhawan palace where he had gone to attend the function with his brotherin-law. Learned counsel for the petitioners submits that the matter has since been settled vide compromise, copy of which has been placed on file as Jyoti 2018.10.29 12:06 I attest to the accuracy and authenticity of this document

CRM-M-24209-2018 -2Annexure P-2 .

Learned counsel for respondents No. 2 and 3 endorses the submission of learned counsel for the petitioners and has no objection if the impugned FIR (Annexure P-1) is quashed.

Learned State counsel has also not disputed the compromise (Annexure P-2).

In order to verify the veracity and genuineness of the settlement between the parties, they were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 31.08.2018 stating therein that the compromise has been effected between the complainant and the accused which appears to be voluntary in nature and without any pressure or influence.

Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

For the reasons as discussed above, the instant petition is allowed and FIR No.47 dated 12.03.2018, registered at Police Station City Moga, District Moga (Annexure P-1) along with all consequential proceedings arising therefrom, qua petitioners, is quashed.

(SURINDER GUPTA) October 25, 2018 JUDGE Jyoti-II Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No Jyoti 2018.10.29 12:06 I attest to the accuracy and authenticity of this document